New Criminal Laws
by: Abassos • June 8, 2011 • no comments
I spent my afternoon slogging through all of this session's bills so you don't have to. What follows are all the bills relevant to criminal or juvenile defense, passed by the legislature this session. The link will take you to the bill. They're in order of bill number, not importance. In fact, the best one is last.
HB 2061 - effective Jan 1, 2012, relates to electronic records of govt agencies. It says they don't need consent to conduct a transaction electronically. [http://www.leg.state.or.us/11reg/measpdf/hb2100.dir/hb2107.en.pdf HB 2107] - effective Jan 1, 2012, allows the State Hospital to subject a person to mental health treatment against their wishes.
HB 2123 - effective Jan 1, 2012, allows the State Forester to pay for a criminal defense attorney for a forest firefighter who gets charged with a crime while fighting fires.
HB 2272 - effective Jan 1, 2012, allows psychologists, schools, doctors etc to talk to CASAs in addition to allowing CASAs to copy their records. [http://www.leg.state.or.us/11reg/measpdf/hb2300.dir/hb2332.en.pdf HB 2332] - passed but not yet signed by the Governor, amends the vehicle code to allow tow trucks to transport property for hire.
HB 2463, effective Jan 1, 2012, Rewrites the crime of Failure to Report Child Pornography in ORS 163.693.
HB 2683, effective now, expands good cause to allow attorneys and other folks to see confidential information related to a protective order.
HB 2685, effective Jan 1, 2012, makes it clear that an atty-client relationship may be terminated after entry of judgment if the attorney files notice. [http://www.leg.state.or.us/11reg/measpdf/hb2600.dir/hb2689.en.pdf HB 2689], effective Jan 1, 2012, adds a section to the Juvenile Dependency Summons form.
HB 2698, effective Jan 1, 2012, amends the expungement statute to make an arrest eligible even if an arrest from the last 3 years has already been expunged. [http://www.leg.state.or.us/11reg/measpdf/hb2700.dir/hb2702.en.pdf HB 2702], effective now, amends the DUII diversion statute to allow a delay for active duty military.
HB 2707, effective now, requires the permission of the jail to allow a 16 yr old to be detained there. [http://www.leg.state.or.us/11reg/measpdf/hb2700.dir/hb2714.en.pdf HB 2714], effective Jan 1, 2012, creates a new crime of Patronizing a Prostitute with mandatory minimums when the prostitute is a minor.
HB 2721, passed but not yet signed by the Governor, gets rid of the affirmative defense to certain M11 crimes for religious treatment (as opposed to medical treatment) when the dependent is under 18.
HB 2925, effective now, requires a no contact order in custody on DV and sex cases.
HB 2928, signed by the Governor on Tuesday, allows for telephonic testimony in FAPA hearings.
HB 3021, effective now, rewrites ORS 147.035 - eligibility for Compensation as a Crime Victim.
HB 3128, effective Jan 1, 2012, allows for voluntary surrender of driving privileges.
HB 3151, effective now, allows drug forfeiture proceeds to be used on drug treatment programs.
HB 3160, effective now, amends ORS 169.110 to allow credits for time served in an alternative sentencing facility. [http://www.leg.state.or.us/11reg/measpdf/hb3100.dir/hb3185.en.pdf HB 3185], not yet signed by the Governor but containing an emergency clause, creates a Department of Transportation work group on cognitively impaired driving.
HB 3286, just signed by the Governor and effective immediately, allows the DOC to charge a fee for serving process on DOC inmates. [http://www.leg.state.or.us/11reg/measpdf/hb3400.dir/hb3433.en.pdf HB 3433], effective Jan 1, 2012, allows a FAPA order to be renewed where a minor who was included in someone else's FAPA order turns 18 and would reasonably fear further acts of abuse. [http://www.leg.state.or.us/11reg/measpdf/sb0001.dir/sb0062.en.pdf SB 62], signed by the Governor, approves the adoption by the Oregon Criminal Justice Commission of OAR 213-018-0022 and 213-018-0058.
SB 63, signed by the Governor, changes parole board conditions for sex offender registration in a way that's not entirely clear to me.
SB 64, signed by the Governor, amends ORS 109.260 to limit paternity blood tests to criminal nonsupport cases. I think.
Sb 65, signed by the Governor, amends the DUII and BUII statutes to base measurements upon grams per 100 milliliters of blood or 210 liters of breath rather than grams per 100 cubic centimeters.
SB 77, effective immediately, rewrites the process for civil actions by inmates.
SB 130, effective Jan 1, 2012, amends ORS 811.260 to add violations related to bicycle signals. [http://www.leg.state.or.us/11reg/measpdf/sb0300.dir/sb0378.en.pdf SB 378], effective immediately, requires the DA to give notice of enhancement facts within 60 days of arraignment or 14 days before trial, whichever is earlier. [http://www.leg.state.or.us/11reg/measpdf/sb0300.dir/sb0389.en.pdf SB 389], passed and effective as soon as the Governor signs it, amends the process for getting confidential jury records in a PCR case.
SB 390, effective when signed by the Governor, tightens the confidentiality of the already very confidential records of civil commitment hearings, particularly as applies to appellate courts.
SB 396, signed by the Governor, amends the process for protective and restraining orders and adds electronic communication devices.
SB 400, not yet signed by the Governor, provides that, where the appellant is an inmate, the date of filing and service of a notice of appeal is the date on which it is delivered to the place in the facility designated for handling outgoing mail. [http://www.leg.state.or.us/11reg/measpdf/sb0400.dir/sb0408.en.pdf SB 408], effective immediately, amends and creates a bunch of provisions relating to juveniles and sex offenses/registration. [http://www.leg.state.or.us/11reg/measpdf/sb0400.dir/sb0423.en.pdf SB 423], passed but not yet signed, allows the DOC and OYA to certify DOC employees to provide mental health treatment.
SB 425, passed but not yet signed, creates a new way to commit Compelling Prostitution: by aiding the commission of prostitution by a person under 18. [http://www.leg.state.or.us/11reg/measpdf/sb0400.dir/sb0430.en.pdf SB 430], passed but not yet signed, allows for forfeiture of proceeds related to human trafficking or involuntary servitude. [http://www.leg.state.or.us/11reg/measpdf/sb0400.dir/sb0444.en.pdf SB 444], effective immediately, allows for the making and transportation of homemade beer. [http://www.leg.state.or.us/11reg/measpdf/sb0700.dir/sb0731.en.pdf SB 731], effective immediately, limits (and otherwise amends the process for) the preservation of DNA in criminal cases. [http://www.leg.state.or.us/11reg/measpdf/sb0700.dir/sb0746.en.pdf SB 746], not yet signed but declaring an emergency, amends the process for "sensitive review committees" related to child welfare services. [http://www.leg.state.or.us/11reg/measpdf/sb0700.dir/sb0748.en.pdf SB 748], almost passed, changes the qualifications for child abuse investigators. [http://www.leg.state.or.us/11reg/measpdf/sb0800.dir/sb0868.en.pdf SB 868], passed but not yet signed, is the Godines fix making a person under 15 at the time of a crime ineligible to be charged as an adult irrespective of when the DA charges the crime. It's no help to Mr. Godines as it isn't retroactive. But it's a good thing for sure.
